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| Part time income does not fall under Compensation Act: HC | | | Early Times Reporter
Jammu | June 30
Justice JP Singh of J&K High Court Jammu Wing today decided an appeal filed by United India Insurance Company against the compensation awarded by the Assistant Labour Commissioner Kishtwar to the dependents of lineman who died of electric shock while discharging his duties held that Workmen's Compensation Act does not permit the income which the employee may have from his part-time business other than his employment.
The ALC Kishtwar on June 30, 2007 had awarded Rs 4, 12, 129 as compensation in favour of claimants, dependents of Safder Hussain Sheikh, who died on September 5, 2005 due to electric shock, while discharging his duties as lineman. The Insurance Company challenged the award on various grounds including the ground of private income of deceased included in the income for compensation.
Justice Singh, after hearing Deputy AG Shaista Hakim appearing for the PDD, observed that the Commissioner had accessed monthly wages of deceased at Rs 3800 after taking into the account, the income which had been reportedly earning from his part-time job as electrician and quoted section 2 (m) of Workmen's Compensation Act and said that definition of word "Wages" as it appears in the said section, does not permit the income which the employee may have from his part-time business unconnected with other than his employment because it is only what is paid to him by the employer and none else which would fall within the definition of word "Wages" appearing as such in the section. With these observations, Court allowed the appeal filed by the United India Insurance Company and modified the award for Rs 2, 35, 347 against the award of Rs 4, 12, 129. JNF |
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